Playground Injury Attorney Genesee County: When Play Turns to Pain

When a child is injured on a playground, the consequences go far beyond a scraped knee or a bruise. Parents and guardians are left worried, frustrated, and uncertain about who is responsible and how to get justice. Playground injuries are not just accidents—they are often preventable incidents caused by negligence, and families deserve answers and accountability.

Playgrounds, whether in public parks, schoolyards, or private facilities, have a legal duty to maintain safe conditions. This includes proper equipment maintenance, supervision, and compliance with safety standards. When that duty is ignored—through broken slides, improperly installed swings, unsafe surfacing, or inadequate supervision—children are placed at unnecessary risk, and the consequences can be severe.

At Marko Law, we have extensive experience holding municipalities, schools, and private property owners accountable for unsafe playgrounds. We understand the unique challenges of these cases, from navigating municipal immunity to proving negligence against institutions or commercial operators. Our team investigates every detail, collects evidence, and fights tirelessly to ensure injured children and their families receive the compensation and justice they deserve.

Understanding Playground Injury Liability in Michigan

Premises Liability and Playgrounds

Premises liability is a legal concept that holds property owners responsible for injuries that occur on their property due to unsafe conditions. For playgrounds, this includes anything that creates a foreseeable risk of harm, such as:

• Broken or poorly maintained equipment
• Unsafe surfacing like concrete, asphalt, or insufficient protective mulch
• Inadequate fencing, gates, or barriers
• Poor lighting or other environmental hazards

Public vs. Private Playgrounds

Liability differs depending on the type of playground:

• Public Playgrounds: Municipalities operate under limited immunity protections, but they can still be held liable if they fail to maintain safe conditions or have actual or constructive notice of a dangerous condition. For example, a city park with a damaged swing or exposed hardware could trigger a claim.
• Private Playgrounds: Schools, daycare centers, and private facilities owe a higher duty of care, because children are invited onto their property. These owners are responsible for inspection, maintenance, and supervision of playground equipment.

Duty of Care Owed to Children and Invitees

In Michigan, children on playgrounds are considered invitees or lawful users of the property. Property owners owe them a duty of care to prevent foreseeable harm, which includes:

• Regular inspections and maintenance of playground equipment
• Ensuring proper supervision and staffing where appropriate
• Removing or repairing hazards promptly
• Posting warnings when risks cannot be immediately corrected

Reasonable Safety Standards for Playground Equipment

Reasonable safety standards are a key factor in establishing liability. Equipment should comply with:

• Consumer Product Safety Commission (CPSC) guidelines for public playgrounds
• ASTM International standards for design, installation, and maintenance
• Local building codes or municipal safety ordinances

Who Can Be Held Responsible

Municipalities

Municipalities are responsible for the maintenance and safety of public parks and playgrounds. While cities and townships enjoy some legal protections under governmental immunity, they can still be held liable if they:

• Fail to inspect or maintain equipment properly
• Allow known hazards to persist
• Neglect repairs or safety upgrades despite being aware of the risks

Schools and Daycare Centers

Schools, daycare centers, and similar institutions are responsible for on-site playgrounds. They owe a heightened duty of care to children under their supervision, which includes:

• Regular inspection and maintenance of all playground equipment
• Adequate supervision during playground use
• Prompt action to repair or restrict access to unsafe areas

Private Property Owners

Private property owners who operate playgrounds—whether as part of a business, daycare, or recreational facility—also owe a duty of care to children and guests. Failure to maintain a safe environment, provide adequate surfacing, or prevent hazards can make these owners legally liable for injuries.

Manufacturers and Maintenance Companies

Liability can also extend beyond property owners to manufacturers or companies responsible for the design, installation, or maintenance of playground equipment. Claims against these entities may arise when:

• Equipment is defective or improperly manufactured
• Repairs are performed incorrectly or neglected
• Regular safety inspections are inadequate or ignored

Respondeat Superior: Holding Institutions Accountable for Employee Negligence

Michigan law recognizes the doctrine of respondeat superior, which holds institutions liable for the actions or omissions of their employees when those actions occur within the scope of employment.

• If a school employee fails to supervise children properly, or a park staff member ignores a known hazard, the institution itself may be legally responsible for the resulting injuries.
• This ensures that families do not have to pursue claims against individual employees alone and allows the focus to be on the entity that controls the playground environment.

Steps to Take After a Playground Injury

Seek Immediate Medical Care

The first priority is your child’s health and safety. Even injuries that appear minor can worsen over time or cause long-term complications.

• Take your child to a doctor or emergency room as soon as possible
• Follow all treatment instructions precisely
• Keep detailed medical records, including prescriptions, therapy, and follow-up visits

Document the Scene and Injuries

Accurate documentation strengthens your case by showing exactly what caused the injury.

• Take clear photographs of the playground, equipment, and area where the injury occurred
• Photograph your child’s injuries from multiple angles
• Note any hazardous conditions, such as broken equipment, unsafe surfacing, or missing barriers

Report the Injury Without Admitting Fault

Notify the property owner, school, or municipal authorities about the incident—but avoid admitting fault or speculating about liability.

• Provide factual details: when and where the injury occurred
• Request a copy of any incident report for your records

Collect Witness Contact Information

Eyewitness accounts can corroborate your child’s injury and establish negligence:

• Gather names and contact details of other parents, children, or staff who observed the incident
• Ask witnesses to provide written statements if possible

Preserve Equipment or Area Evidence

If possible, preserve the equipment or area that caused the injury.

• Do not alter or remove damaged equipment
• Take photos or video before the scene is repaired or changed
• Save maintenance records or notices about prior repairs or inspections

Contact a Qualified Playground Injury Attorney Promptly

Playground injury cases are complex, often involving multiple liable parties including municipalities, schools, private owners, or equipment manufacturers. A skilled attorney can:

• Investigate the incident thoroughly
• Identify all responsible parties
• Preserve critical evidence
• Navigate insurance claims and legal defenses
• File claims within Michigan’s deadlines to protect your rights

Understand Michigan Statutes of Limitation

Michigan law imposes strict time limits for filing personal injury claims:

• The general statute of limitations for personal injury is three years from the date of the injury
• Filing late can permanently bar your ability to recover compensation

Damages You May Recover

Economic Damages

Economic damages reimburse victims for direct financial losses resulting from the injury. In playground injury cases, these can include:

• Medical bills for emergency treatment, surgeries, hospital stays, and follow-up care
• Future care costs for ongoing therapy, rehabilitation, or reconstructive procedures
• Lost wages for parents or guardians who must take time off work to care for the injured child
• Costs of medications, assistive devices, or home modifications required due to the injury

Non-Economic Damages

Non-economic damages compensate for pain, suffering, and emotional trauma caused by the injury. These may include:

• Pain and suffering experienced by the child due to the injury
• Emotional distress or anxiety, including fear of playgrounds or activities the child previously enjoyed
• Loss of enjoyment of life, especially if the injury limits physical activity or participation in normal childhood activities
• Disfigurement or permanent scarring, which can have lasting emotional consequences

Punitive Damages

In some cases, punitive damages may be awarded when a playground injury is caused by gross negligence or willful disregard for safety. Examples include:

• Failing to maintain or repair hazardous equipment despite knowing it was dangerous
• Ignoring repeated complaints or prior incidents
• Allowing children to use playground equipment that violates recognized safety standards

Protecting Children and Holding Negligent Parties Accountable

Playground injuries are preventable, and children who are hurt have legal rights that cannot be ignored. Whether the injury occurred due to unsafe equipment, inadequate supervision, or negligent maintenance, families deserve answers, accountability, and fair compensation.

At Marko Law, we are committed to fighting for families and children who have been injured due to negligence. Our team investigates every detail, identifies all responsible parties, and aggressively pursues the full recovery our clients deserve.

You do not have to navigate the legal process alone. With the right legal team by your side, you can hold negligent parties accountable and ensure your child’s injuries are addressed with the justice and care they deserve.

Contact Marko Law for a Free Case Evaluation

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